Why Your Italian Estate Agent Works for the Seller (Not You)

How Italian Agents Work

Italian estate agents operate under Article 1755 of the Civil Code, which establishes their role as mediators (mediatori) rather than representatives of either party. This is fundamentally different from the UK or US model where you might have a "buyer's agent" working specifically for you.

The agent's legal obligation is to facilitate the transaction neutrally, providing accurate information to both sides. They earn commission from both parties when a deal closes. Their job is not to get you the best deal. Their job is to get a deal done.

This is not necessarily bad. A skilled mediator can help both parties reach agreement. But it means you cannot rely on the agent to identify problems, negotiate aggressively on your behalf, or advise you against buying.

The Dual Agency Reality

Consider the practical dynamics:

• The seller hired the agent and has an existing relationship with them
• The seller is often local and may refer future business
• You are a foreigner who might never buy in Italy again
• The agent knows the seller better than they know you
• The agent's commission depends on the sale going through

Legally, the agent must be neutral. Practically, when conflicts arise, whose interests get more attention?

Many agents are honest and professional. Some genuinely try to serve both parties fairly. But the structural incentives do not align with your interests, so prudent buyers do not depend on them to protect those interests.

Commission Structure

Unlike many countries where only the seller pays commission, Italian law allows agents to collect from both sides. This is standard practice.

When Commission Is Due

Commission is legally due when the agent has successfully facilitated an agreement between buyer and seller. In practice, this typically means:

• At proposta acceptance (when seller signs your offer)
• At compromesso (preliminary contract)
• Sometimes split between compromesso and rogito

Important: Commission may be due even if the sale never completes. If you sign a proposta, the seller accepts, and you later withdraw, the agent may still claim their fee. Check your agreement carefully.

Can You Negotiate Commission?

Sometimes. Commission rates are not fixed by law. On higher-value properties, there may be room to negotiate a lower percentage. On lower-value properties, the minimum fee often applies regardless. Sellers typically have more negotiating power than buyers because they bring the listing to the agent.

Some agents advertise "no buyer commission" to attract purchasers. Be aware that this cost is usually built into the property price instead, or the seller is paying a higher commission to cover both sides.

What Agents Do (and Do Not)

What They Will Do

• Show you properties and provide basic information
• Arrange and coordinate viewings
• Provide the proposta form and facilitate the offer process
• Hold deposits (though they must be licensed to do so legally)
• Coordinate between parties on dates, documents, and logistics
• Liaise with the notary on transaction details

What They Usually Will Not Do

• Conduct thorough due diligence on your behalf
• Verify permits, boundaries, or legal status in detail
• Advise you against buying (even if they should)
• Negotiate aggressively for a lower price
• Tell you everything they know about problems with the property
• Recommend you walk away from a bad deal
• Provide legal or financial advice (they are not qualified to)

Licensing and Legitimacy

Italian estate agents must be properly licensed to legally claim commission. The requirements include:

• Completion of an approved training course covering civil law, tax law, property appraisal, and building techniques
• Passing a state examination
• Registration with the local Chamber of Commerce (Camera di Commercio)
• Professional indemnity insurance

Always verify: Ask to see the agent's registration number (patentino di agente di affari in mediazione). An unlicensed person cannot legally claim commission, and their handling of your deposit may not be protected.

Be aware that some agencies operate with one licensed agent and multiple unlicensed staff who show properties and handle clients. The licensed agent should be involved in any contracts or financial transactions.

Protecting Yourself

1. Hire Your Own Lawyer

Before signing anything significant, have an independent lawyer review it. They work for you, not the transaction. They can explain implications the agent might gloss over and catch problems the agent might not mention.

2. Commission a Geometra

For independent technical due diligence on the property. They will verify what the agent tells you about the property's legal and physical status.

3. Ask Direct Questions

And pay attention to evasive answers. "Why is the owner selling?" "How long has it been on market?" "Are there any known issues?" "Is all the building work permitted?" Note what they say and what they avoid saying.

4. Do Not Sign Under Pressure

"Another buyer is interested" may be true. It may also be a tactic to push you past careful consideration. Take the time you need. If you lose the property, there will be others.

5. Verify Everything Independently

Do not take the agent's word on anything important. Property boundaries, permit status, reason for selling, time on market, condition of systems. Verify through your own professionals.

6. Get Commission Terms in Writing

Before viewing properties or signing anything, confirm in writing: the commission rate, when it is due, and what happens if the sale falls through. Disputes over commission can be expensive.

Buying Without an Agent

It is possible to buy property in Italy without using an agent, particularly if you find a property being sold privately (vendita privata or vendita diretta).

Advantages

• Save 3 to 4% in buyer commission
• Deal directly with the owner
• Potentially more room for price negotiation (seller saves their commission too)

Challenges

• Finding properties: most are listed with agents, no centralised MLS in Italy
• Language barrier: dealing directly requires better Italian
• No intermediary to coordinate logistics
• You must do more work yourself
• Some sellers prefer dealing through agents

Where to Find Private Sales

• Immobiliare.it and Idealista have "privato" filters
• Facebook groups for expats in the area
• Local noticeboards and newspapers
• Word of mouth in the community
• Walking around villages and spotting "vendesi" signs

Important: Buying without an agent does not mean buying without professional help. You still need a lawyer for legal due diligence, a geometra for technical checks, and a notary for the transaction. It just means you do not have an agent in the middle.

Finding Good Agents

Despite the structural issues, many Italian agents are honest, professional, and helpful. Signs of a good agent:

• Licensed and registered (verify their patentino)
• Member of professional associations (FIAIP, FIMAA)
• Transparent about commission and when it is due
• Willing to answer questions directly and in detail
• Does not pressure you to sign quickly
• Recommends you get independent legal and technical advice
• Has experience working with foreign buyers
• Good reviews from other expats (ask in Facebook groups)
• Shows you a range of properties, not just the ones they want to sell

A good agent is valuable. They know the local market, can identify opportunities you might miss, and can smooth the transaction process. The point is not to avoid agents entirely. It is to understand their role, their limitations, and to supplement their services with your own independent advice.

Related Guides

• The Proposta Trap - why timing your offer wrong costs thousands
• Due Diligence in Italy - what to check before you commit
• The True Cost of Buying - full breakdown including agent fees
• The Purchase Process Explained - understanding each stage